After an electrical accident, finding out who is responsible takes a close examination of the equipment, the work performed, and the warnings that preceded the injury. A Charleston electrocution injury lawyer at Tiano O’Dell, PLLC can investigate for you and explain your legal options during a free consultation. Call (304) 720-6700 or contact us online today.
Why Choose Tiano O’Dell, PLLC?
Electrical injury claims require a technical investigation and careful attention to future medical needs. Our firm offers:
- More than two decades of experience handling personal injury cases in and around Charleston.
- Resources to work with experts who reconstruct accidents and evaluate the long term effects of injuries.
- Contingency-fee representation, with no attorney fee unless we recover compensation.
Who May Be Responsible for an Electrical Injury?
Responsibility depends on what caused the electrical exposure and who had a duty to prevent it. Potentially responsible parties include:
- Utility companies such as Appalachian Power, Mon Power, and Potomac Edison when inadequate inspections, neglected repairs, or other negligent conduct contributed to the injury.
- Property owners who failed to address dangerous wiring they knew or reasonably should have known about.
- Contractors whose faulty installations, repairs, or unsafe work practices created an electrical hazard.
- Manufacturers that supplied defective tools, appliances, or electrical components.
Several parties may contribute to the same electrical injury. West Virginia Code § 55-7-13a generally allocates liability “in direct proportion to that person’s percentage of fault.” This means each responsible party generally pays the share of damages that matches its role in causing the injury. For example, if a contractor is found 70% at fault and a property owner is 30% to blame, they would generally be responsible for those respective portions of the compensation awarded. A Charleston electrocution injury attorney can investigate each party’s actions and challenge any attempts to shift responsibility away from those who caused your injuries.
What Compensation Can You Recover for an Electrocution Injury?
An electrocution injury claim should account for how the injury affects your health, ability to work, and everyday life. West Virginia Code § 55-7-13b allows you to seek damages for “economic and noneconomic loss.” These categories cover financial losses and the personal effects of an injury, for instance:
- Medical expenses: Emergency treatment, surgery, rehabilitation, medication, and anticipated future care.
- Lost income: Wages missed during recovery and reduced earning capacity if your injuries limit future employment.
- Pain and emotional distress: Physical suffering and the psychological effects of the accident.
- Permanent harm: Scarring, disfigurement, lasting physical limitations, and loss of enjoyment of life.
An attorney can work with your treatment providers and other experts to estimate your future needs before negotiating a settlement offer.
If the victim loses their life because of an electrical accident, the personal representative of the deceased’s estate may pursue a wrongful death claim. West Virginia Code § 55-7-6 allows damages for “sorrow, mental anguish, and solace,” along with qualifying financial losses and funeral expenses.
What If An Electrical Injury Happened at Work?
Charleston workers who suffer an electrical injury on the job generally have the right to workers’ compensation benefits. Those include medical treatment, partial wage replacement, and benefits for qualifying permanent impairment. You generally do not have to prove your employer was negligent. Under West Virginia Code § 23-4-1, the injury must occur “in the course of and resulting from” covered employment.
Receiving benefits also does not eliminate a potential claim against an outside contractor or equipment manufacturer. An attorney can investigate whether a third party besides your employer contributed to the accident.
Discuss Your Electrical Injury Claim
For a free consultation with Tiano O’Dell, PLLC, call (304) 720-6700 or send us a message online. Our Charleston, WV Electrocution Injury Lawyer can review what happened and explain the next steps available to you.
